Archive | November, 2012

The Many Benefits of Paid Family and Medical Leave

American workers and their families no longer look the way they did in the 1960s. Women’s participation in the labor force has been steadily growing over time, and women now make up about half of all workers.

AMA Impairment Ratings Often Unfavorable to Workers in Illinois

Most people have probably never heard of the American Medical Association’s impairment ratings. As part of the Illinois workers’ compensation reforms of 2011, these ratings are now used by physicians and considered by courts and arbitrators when evaluating workers’ compensation claims.

Workers’ Compensation Changes Not Only in CA:

Proposed Medical Treatment Guidelines Implemented

In December 2010, the New York State Workers’ Compensation Board implemented a program of medical treatment guidelines (MTG) that fundamentally changed the delivery of health care to injured workers. The MTG program included four comprehensive, evidence-based guidelines for the treatment of injuries and illnesses involving the neck, back, shoulder and knee, with associated new processes for the implementation of the guidelines.

According to documents obtained in a joint investigation by PBS’ “FRONTLINE” program and ESPN’s “Outside the Lines,” the National Football League’s retirement board awarded at least $2 million in disability payments to at least three former players after reaching the conclusion that football was the cause of their brain injuries.

Giving Thanks for Hostess Workers

Retirement Anxiety Grows Among Young Adults

Americans are more worried about having the wealth and income necessary to fund their retirements than they were at the end of the Great Recession, according to a Pew Research Center survey released on Monday.

SACRAMENTO– California’s unemployment rate decreased to 10.1 percent in October, and nonfarm payroll jobs increased by 45,800 during the month for a total gain of 574,900 jobs since the recovery began in February 2010, according to data released today by the California Employment Development Department (EDD) from two separate surveys.

Offshore Platform Explosion:

11 injured, 2 missing

The U.S. Coast Guard in New Orleans confirms there was an offshore platform explosion in the Gulf of Mexico that happened around 9:15 a.m. Friday. It is believed to be off the coast of Grand Isle in Federal Waters. Capt. Ed Cubanski with the U.S. Coast Guard says contrary to previous reports there have been no confirmed deaths from the explosion.

Retirement Anxiety Grows Among Young Adults

Americans are more worried about having the wealth and income necessary to fund their retirements than they were at the end of the Great Recession, according to a Pew Research Center survey released on Monday.

NFL Falcons Can’t Seek Benefits in California

Keith More: The 2012 Workers’ Compensation Trial Lawyer of the Year

For 23 years, Keith More has been one of the few attorneys in Southern California to advocate on behalf of both personal injury and workers’ compensation clients. In that time, More has become known for his ability to handle crossover cases involving the two practice areas. He notes, “By handling issues related to both cases in one office, we have been able to maximize the workers’ comp benefits and compensation our clients deserve.

Magic Johnson Sued for Wrongful Termination and Age Discrimination

Workplace Homicides and Violent Work Injuries

Preliminary reporting by the U.S. bureau of Labor Statistics for 2010-2011 states that there were 458 homicides in the workplace nationwide. 22 of those work fatalities were in Nevada and were caused by violent co-workers, employers or others. However, not all violent deaths or injuries that happen at work are covered under workers’ compensation insurance.

“Rounding” is lawful in California – as long as it’s even-handed

Pamela Silva brought a wage-and-hour class action against her former employer, See’s Candy Shops, Inc., alleging, in part, that See’s failed to pay her wages for all hours worked because the See’s timekeeping system rounded employee time entries to the nearest tenth of an hour/nearest six minutes.

Up in Smoke: Should Medical Marijuana be Allowed in California Workers’ Compensation

The use of medically prescribed marijuana has been a controversial issue in California for many years. It is interesting that the issue does not come up more often in the workers’ compensation context. It may not come up more because marijuana is still fundamentally an illegal drug.

WCAB Lacked Jurisdiction for Football Player’s Claim for Out of State Injuries

WCAB Jurisdiction—Extraterritorial Jurisdiction—WCAB held that it did not have jurisdiction over applicant’s claimed out-of-state industrial injuries under Labor Code §§ 3600.5(a) and 5305 because applicant’s contract of hire was not made in California…

Safety First: National Alliance between OSHA and International Window Cleaning Association

Through the OSHA and IWCA Alliance, the organizations will provide IWCA members and others, with information, guidance, and access to training resources that will help them protect the health and safety of workers.

Industrial Accident at Fontana Plant Second in Three Months

WalMart Contracted Warehouse Workers Ahead of Black Friday

Workers at a Walmart-contracted warehouse in Southern California went on strike Wednesday to demand better conditions at their facility, according to Warehouse Workers United, a union-backed group representing the employees.

ERISA health reimbursement claims asserted in Workers’ Compensation claims may be subject to equitable relief depending on the upcoming decision in a case pending before the US Supreme Court. Oral argument is scheduled for Nov. 27, 2012.

Workers’ Compensation Is About Relationships

Prevention of accidents should be the first step in establishing a successful workers’ compensation system. If an employer were truly concerned about the health and safety of the employee there would be no need for workers’ compensation.

What Is a REDA Claim in Workers’ Compensation?

Is the Structured Settlement Process in Need of Reform?

The financial debacle that has denied hundreds of former Executive Life of New York (ELNY) policyholders much of the income payments once promised them has shone a light on a corner of the industry little understood by many life insurance and financial service professionals: annuity-funded structured

NLRB Eyes Non-Union Workplaces

My article entitled “NLRB eyes non union workplaces” discusses the NLRB’s recent intrusion into non union workplaces. The NLRB is already limiting what employers can say in their social media policies. Now it is attempting to regulate employer’s “at-will” employment policies as well.

Invisible War Wounds Hinder Vets’ Job Hunts

While there are many wounded warriors from the wars in Iraq and Afghanistan that may fit Hollywood stereotypes of disabled veterans — Lt. Dan from “Forrest Gump,” for example — the bulk of the wounds from those wars are more insidious because they are invisible.

The Medicare program has two components. Hospital Insurance (HI) and Supplementary Medical Insurance (SMI). HI, otherwise known as Medicare Part A, helps pay for hospital, home health, skilled nursing facility, and hospice care for the aged and disabled.

NFL Bounties – Intentional Injuries

The injury rate in the NFL is 100 percent. If you stay around long enough you will have multiple injuries. This high “natural” injury rate makes it hard to understand how a team could give awards to players who injure other players, but that’s just what the New Orleans Saints did, and now appeals are being filed against rulings that impose penalties for those acts.

Compounding Pharmacies and 2012 Meningitis Outbreak

The current national outbreak of fungal meningitis linked to a spinal injection with a contaminated steroid produced by the New England Compounding Center in Framingham, Massachusetts has recently been commented on by the Centers for Disease Control and Prevention (CDCP).

Santa Ana, CA, October 24, 2012 – (PR.com)–As more cases are entering the rating phase that are potentially entitled to the C.O.L.A. adjustment, California Workers’ Compensation claims professionals, attorneys and their support staff are spending ever increasing amounts of time estimating the potential value of P.T.D. benefits.

California Workers’ Compensation Statute Held Not To Support a Common Law Tort Claim

California Labor Code section 132a, the anti-retaliation provision of the state workers’ compensation statute, has commonly been used to support a tort claim for wrongful termination in violation of public policy.

When is a Workers’ Comp Claim Not a Workers’ Comp Claim?

DWC Announces November Meeting Regarding Physician Fee Schedule

Senate Bill 863, which creates wide-ranging changes to the workers’ compensation system, includes alterations to the physician fee schedule. The Department of Industrial Relations’ (DIR) Division of Workers’ Compensation (DWC) is seeking public input as it moves forward with adjusting the physician fee schedule and has scheduled a meeting Wednesday, Nov. 14 to discuss issues relating to adoption of a Resource Based Relative Value Scale-based physician fee schedule (RBRVS).

Workers Sue when Employers Retaliate

DWC Announces November Meeting Regarding Physician Fee Schedule

Senate Bill 863, which creates wide-ranging changes to the workers’ compensation system, includes alterations to the physician fee schedule. The Department of Industrial Relations’ (DIR) Division of Workers’ Compensation (DWC) is seeking public input as it moves forward with adjusting the physician fee schedule and has scheduled a meeting Wednesday, Nov. 14 to discuss issues relating to adoption of a Resource Based Relative Value Scale-based physician fee schedule (RBRVS).

Workers Sue when Employers Retaliate

California Labor Commissioner assesses Contractor Over $1 Million for Public Workers Violations

Stockton, CA—California Labor Commissioner Julie A. Su has ordered Nicodemus Plumbing & Mechanical to pay $858,840.20 in wages and $230,050 in fines for labor law violations committed on a San Joaquin Delta Community College public works project in Stockton. The Labor Commissioner issued a civil wage and penalty assessment last week in an effort to collect the money owed to the workers.

The Division of Workers’ Compensation has posted two sets of draft regulations implementing SB 863 to its online forum for public comment: the Supplemental Job Displacement Benefit (SJDB) voucher regulations and the physician predesignation and chiropractic primary treating physician regulations.

CDI Announces Pure Premium Rate Filing Public Hearing in November

The California Department of Insurance (CDI) announced that it will hold a public hearing on

November 16, 2012 to consider the January 1, 2013 Pure Premium Rate Filing submitted by the Workers’ Compensation Insurance Rating Bureau of California (WCIRB) on August 21, 2012 and later amended on October 1, 2012.

California Governor Jerry Brown recently signed off on a major overhaul of the state workers’ compensation system. The bill, which is intended to reduce costs and streamline the claims process within the California workers’ compensation system, has received widespread support on both sides of the aisle and is regarded by some as victory for businesses and injured workers alike. However, the bill’s long-term consequences for injured workers in California remain uncertain.

Barack Obama Victory Speech: ‘The Best Is Yet To Come’

CHICAGO — President Barack Obama scored himself a second term in the White House on Tuesday, nabbing nearly all of the key battleground states and proving, resoundingly, that his message about lifting the middle class resonates with the majority of Americans.

World reacts to Obama win and the issues he faces globally

People overseas who were asked to comment on the US election looked forward to President Obama turning more attention globally, where serious matters remain such as China’s rising ambitions and Iran’s nuclear program. But what he should do depends on who one talks to.